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HomeMy WebLinkAbout04- Saccoccia, Philip Jr.-N. 19th-Tr B, COS 1251C & Tr 1B, COS 1251A - Release and Reconveyance of Perpetual Street Easement ......!~~ 1111111111111111111111111 III "' Dill 11111111 ~.~r:~~ Shelley Vance~Gallatin Cc MT MISC 18.00 RELEASE AND RECONVEYANCE OF EASEMENT(S) COMES NOW the City of Bozeman, 411 E. Main, Bozeman, MT 59715, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easement(s) unto Philip Saccoccia, Jr., Pass Christian. Mississippi as follows: WITNESETH WHEREAS the Grantor is the legal record title holder of 25' Perpetual Street easement( s) situated across Tract B of COS 1215C and Tract 1 B of COS 1215A, City of Bozeman, Gallatin County, Montana. WHEREAS the above 25' Perpetual Street easement(s) were granted September. 24,1987 and recorded on September 28,1987 on Film 99 Page 129 (a portion of original 50' easement was reconveyed back to Philip Saccoccia. Jr.. on May 20. 1996 on Film 168 Page 3073. leavino the existing 25' easement) at the Clerk and Recorder's Office of Gallatin County, Montana. WHEREFORE, the Grantor does hereby release and reconvey to Philip Saccoccia, Jr., those portions of the easement(s) located on the above described real property as set forth on Exhibit A attached hereto together with any right, title, or interest that the Grantor may have in said easements as set forth on Exhibit A attached hereto and incorporated herein by reference as though fully set forth and described as follows: A portion of Tract B of COS 1215C and Tract 1 B of COS 1215A, located in the northwest quarter of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: A strip of land being 25 feet in width, lying east of the following described line: Beginning at the northeast corner of Lot 55 of Minor Subdivision 272, S01049'03"W along the east line of said Lot 55, said line also being the Sectionline between Section 1 and Section 2, a distance of 797,78', more or less, to the north line of Tschache Lane 60' Access and Utility Easement, as recorded on Film 200 Page 366. East sideline of this easement to be lengthened or shortened as required so as to begin on the easterly projection of the north line of Lot 55 and end on the north line of said Tschache Lane 60' Access and Utility Easement. .. ~ 111111111111111111111 ~~ II~IIIIIIIIIIII g~~r:~~p Shelley Vance-GallaUn Cc P'lT MISC 18.0~_ _ ,_ _ _ This reconveyance shall not affect the remainder of that easement recorded Seotember 28.1987 on Film 99 Page 129 (a oortion of oriqinal 50' easement was reconveyed back to Philip Saccoccia. Jr.. on May 20. 1996 on Film 168 Page 3073. leaving the existing 25' easement) at the Clerk and Recorder's Office of Gallatin County, Montana. DATED this 22nd day of Ma rch e(/~ GRANTOR - CIT UZEMAN Title Acti ng City Ma ager ,2004. ,.....'. ..,; STATE OF MONTANA ) ) ss. County of Gallatin ) On this Z2!'-~ay of fYI. ~A _ , 20l2!L... before me, a Notary Public for the State of Montana, personally appeared RON BREY and ROBIN L. SULLIVAN, known to me to be the Acting City Manager and Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first written above. , " ([~!;W;~ Notary public for eState 0 Montana H.fl--f tU!- G f~ 1>7 i/1:;e r (Printed Name) ~ Residing at My Commission expires: 03 J_ Z~ /2rt!.2 ."', (SEA!-) /' '. .:-.....\1..' .... ....,;:) "'~ ~~-l ,- - -,' \ , ..~' .J :z., .. ' ~ -," t''''' , ~~~,."." ~. .. ,... .. "11; ?;t \.~ ~ ~!. , '). .... 2 . . ..,. ~ ~ ~ It)<'l- ..... ..,. 0 : .... <'l ~ .... ii :e N:;;; o.es> : cD - ---- o -~ ~a:: t-- a:: 8 -........; .5 ..- -= ... C> ~ g ;: >- -- - .. __L _en EXHIBIT "A" RELEAsE AND RECONVEYANCE OF EASEMENT(S) A PORTION OF TRACT B OF COS 1215C AND TRACT 1 B OF COS 1215A, LOCATED IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.t.1.t.1., CITY OF BOZEt.1AN, GALLATIN COUNTY, hAONTANA, DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING 25 FEET IN WIDTH, LYING EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF LOT 55 OF hAlNOR SUBDIVISION 272, S01049'03"W ALONG THE EAST LINE OF SAID LOT 55, SAID LINE ALSO BEING THE SECTIONLlNE BETWEEN SECTION 1 AND SECTION 2, A DISTANCE OF 797.78', t.10RE OR LESS, TO THE NORTH LINE OF TSCHACHE LANE 60' ACCESS AND UTILITY EASEhAENT, AS RECORDED ON FILt.1 200 PAGE 366. EAST SIDELINE OF THIS EASEMENT TO BE LENGTHENED OR SHORTENED AS REQUIRED SO AS TO BEGIN ON THE EASTERLY PROJECTION OF THE NORTH LINE OF LOT 55 AND END ON THE NORTH LINE OF SAID TSCHACHE LANE 60' ACCESS AND UTILITY EASEhAENT. N -~ LOT 57 I I I I I 60' PUBLIC STREET ACCESS AND UTILITY EASEEMNT I 60' PUBLIC UTILITY EASEMENT 30' UTILITY EASEMENT MINOR SUBDIVISION 272 EASTERLY PROJECTION OF NORTH LINE OF LOT 55 ACT 8 TR 1Z15C c.O.5. 25' ACCESS AND UTILITY EASEMENT 99FM129 168FM3073 ACCESS EASEMENT TO BE RELEASED CT 1 B TRA 1215,1>. C.O.S. GRAPHIC SCALE 200 ..J 100 ~I ( IN FEET ) 1 inch "" 200 ft. 200 I 35' ACCESS AND UTILITY EASEMENT MINOR SUBDIVISION 272 33,16' TSCHACHE LANE DEDICATION PER MINOR SUB 272 ENGINEERS SCIB.JtlsT$ 5.URvEYORS F"LAIIIN("R5 51111CE 1945 60' ACCESS AND~ UTILITY EASEMENT 200FM366 , .rhMORRISON D:1J MAIERLE,INc. A"~_"""'_ JIJ6 W. "'",DAD ST.. SUIT, 105 O"SOUIA, 01 59802. P~on"('06) I<2-aaao ,.,,(WS) 5<2-0009